Court affirms thief sentence and orders his deportation

Justice
Oleidi Uduma of High Court in Banjul recently dismissed an appeal filed by one
Papa Faal, a Senegalese and affirmed the sentence and conviction of Farafenni
Magistrate Court presided over by Magistrate Thomasi.

Delivering
judgment, presiding judge disclosed that Papa Faal was convicted and sentenced
for stealing Contrary to Section 252 of the Criminal Code Cap 10 Vol III Law of
The Gambia.

She
further disclosed that the particulars of offence stated that on or about 25th
of June 2016 around the hours of 17.00 hrs at Farafenni Town, North Bank Region,
stole two (2) mobile phones; Africell touch phone valued D450 and Wiko mobile
phone valued D4.000.00 total value of D4,450.00 from the shop of one Binta
Njie.

She
revealed that the fact of the case as distilled from the record of proceedings
is that the appellant pleaded not guilty to the offence charged and he
testified as a lone witness in his defence.

The
trial judge further revealed that the prosecution called 3 witnesses to prove
their case and Binta Njie a business woman at Farafenni testified as the first
prosecution witness.

Binta
Njie testified that she recognized the accused and explained how Papa Faal
entered her shop and stole her mobile phones while she was lying down at the
veranda. And she identified the two
mobile phones which was marked as exhibit A and B.

Justice
Uduma said PW2 Oumie Awa Jallow testified that she recalled on the 25th June,
2016 she saw the Papa Faal entered into the shop of one Binta Njie while she
was lying down sleeping in the veranda.

Justice
Uduma further said PW3 Ansu M. Saidy, identified the appellant and stated that
on June 25, 2016, he was on duty at police station in Ferafenni when PW1
arrived in the Charge Office and lodge a complaint that two of her mobile
phones were stolen from her shop and the complaint was booked in the police
diary.

Justice
Uduma disclosed that after sometime he received a call that a suspect by the
name Pap Faal was arrested at Bamba Tenda and upon his arrival at the scene he
saw the appellant and searched him and found two mobiles on him.

PW3
questioned him and he claimed ownership but did not know the numbers in the
phones and the owner of the phones called the phones and it was received and
Papa Faal was taken to Farafenni Police Station.

Justice
Uduma revealed that Papa Faal pleaded not guilty to the offence charges and in
his defence he testified that he was on transit route to Zingenchor when he was
arrested at Bamba Tenda by a police officer who recognised him that he was
deported from Gambia to Senegal and asked why he should come back to Gambia and
he explained that he was on his way to Zigenchor.

Justice
Uduma further revealed that at the end of the defence evidence he was convicted
for theft and sentenced to 2 years six months imprisonment and upon completion
of sentence he would be deported to his country of origin.

The
appellate judge disclosed that Papa Faal argued in person and denied committing
the said offence but he was recognised by a police officer as a person who was
pardoned and deported back to his country and he was accused by the police
officer of stealing.

Justice
Uduma said despite the fact that the state respondent did not file any
opposition or submission to the appellant’s argument but after a careful
perusal of the record of proceedings, the appellant is not first time offender
but was previously pardoned and deported to Senegal.

Justice
Uduma remarked the appellant in his words stated thus “a police officer
recognises me that I was pardoned and deported back to my country”.

The
appellate judge further remarked that it could have been a good signal for him
to stay clear from the shores of The Gambia and not to engage in any activities
that will implicate him again in The Gambia.

Justice
Uduma revealed that since the reverse is the case she does not have reason to
believe him to be truthful rather than to uphold the decision of the trial
court.

Justice
Oleidi Uduma accordingly dismissed his appeal and affirmed the two years and
six months jail term imposed by Farafenni Magistrate Court.

She
ordered that he should be deported to his country of origin upon completion of
the sentence.